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Smt Shabana vs State Of U P And Others

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 64
Case :- APPLICATION U/S 482 No. - 16969 of 2019 Applicant :- Smt. Shabana Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to learned Judicial Magistrate, Jalaun to decide Case No. 136 2016 ( Smt. Sabana Versus Siraj@ Ajad and others) under section 31(1) of Domestic Violence Act P.S. Jalaun district Jalaun within a stipulated period of time.
In this case, the applicant happens to be complainant and she seeks disposal of the aforesaid case on the ground that proceedings have been initiated and opposite party nos.2, 3 and 4 have not appeared before the court below and the applicant being wife of opposite party no.2 suffers great harassment.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.
In this view of the matter, this application is disposed of with the direction that the trial court will expedite and dispose the aforesaid case in accordance with law expeditiously from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned preferably within a period of three months if there is no legal impediment.
Order Date :- 29.4.2019 N.A.
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  • Arvind Kumar Mishra I
  • Himanshu Pandey